PRINTER'S NO. 2377
No. 1850 Session of 1989
INTRODUCED BY WESTON, PRESTON, MICOZZIE, HOWLETT, MAIALE, FOX,
BATTISTO, MICHLOVIC, McHALE, WILLIAMS, E. Z. TAYLOR, TRELLO,
ROBINSON, BELARDI, BILLOW, JAMES, RAYMOND, PERZEL AND
J. TAYLOR, SEPTEMBER 18, 1989
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, SEPTEMBER 18, 1989
AN ACT
1 Regulating the operation of pet shops and the sale of pets;
2 providing for further duties of the Bureau of Consumer
3 Protection; establishing the Pet Sale Fund; providing for
4 minimum standards for the operation of pet shops and for the
5 sale of pets; providing for the licensing of pet shop
6 operators; and providing penalties.
7 TABLE OF CONTENTS
8 Chapter 1. Preliminary Provisions
9 Section 101. Short title.
10 Section 102. Definitions.
11 Section 103. Pet Sale Fund.
12 Chapter 3. Minimum Standards
13 Section 301. Scope of chapter.
14 Section 302. Examination prior to sale.
15 Section 303. Cage labels.
16 Section 304. Quarantine.
17 Section 305. Minimum age.
18 Section 306. Medical treatment of pets.
19 Section 307. Examination and waiver.
1 Section 308. Unfit animals.
2 Section 309. Statement of consumer rights.
3 Section 310. Certain waivers unlawful.
4 Section 311. Animal history forms.
5 Chapter 5. Licensing of Pet Shop Operators
6 Section 501. License required.
7 Section 502. Requisites for partnership or corporate licensees.
8 Section 503. Original licenses.
9 Section 504. Renewal licenses.
10 Section 505. Nonresident applicants.
11 Section 506. Licenses.
12 Section 507. Refusal, suspension or revocation of license.
13 Section 508. Investigations and hearings.
14 Section 509. Surrender of license upon revocation or suspension.
15 Section 510. Sanitary and health conditions.
16 Section 511. Duties of secretary.
17 Chapter 7. Enforcement
18 Section 701. Deceptive practices.
19 Section 702. Certain waiver prohibited.
20 Section 703. Penalty.
21 Section 704. Confiscation of animals.
22 Chapter 11. Miscellaneous Provisions
23 Section 1101. Repeals.
24 Section 1102. Effective date.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 CHAPTER 1
28 PRELIMINARY PROVISIONS
29 Section 101. Short title.
30 This act shall be known and may be cited as the Pet Sale Law.
19890H1850B2377 - 2 -
1 Section 102. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Animal." Any animal, bird or reptile.
6 "Animal shelter." A facility operated, owned or maintained
7 by a duly incorporated humane society, animal welfare society or
8 other nonprofit organization whose purpose is to provide for and
9 promote the welfare, protection and humane treatment of animals,
10 including animals impounded for rabies observation. The term
11 includes any veterinary hospital or clinic operated by a
12 veterinarian or veterinarians licensed under the act of December
13 27, 1974 (P.L.995, No.326), known as the Veterinary Medicine
14 Practice Act, which operates for the above-mentioned purpose in
15 addition to its customary purposes.
16 "Bureau." The Bureau of Consumer Protection.
17 "Consumer." Any natural person purchasing an animal from a
18 pet dealer.
19 "Director." The Director of the Bureau of Consumer
20 Protection.
21 "Kennel." The business of boarding animals or breeding
22 animals for sale.
23 "Person." Any State or local officer or employee, or and
24 individual, corporation, copartnership or association.
25 "Pet dealer" or "dealer." Any person engaged in the ordinary
26 course of business in the sale of animals for profit to the
27 public.
28 "Pet Shop." The business of selling, offering for sale,
29 exchanging or exposing for sale any animal.
30 "Pet shop operator." Any person who sells, offers to sell,
19890H1850B2377 - 3 -
1 exchanges or offers for adoption, with or without charge or
2 donation, dogs, cats, birds, fish, reptiles or other animals
3 customarily obtained as pets in this Commonwealth. The term does
4 not include a veterinary hospital or clinic operated by a
5 veterinarian or veterinarians licensed under the act of December
6 27, 1974 (P.L.995, No.326), known as the Veterinary Medicine
7 Practice Act.
8 "Pound." Any facility operated by or under contract for the
9 Commonwealth, or a county or other political subdivision of the
10 Commonwealth, for the purpose of impounding or harboring seized,
11 stray, homeless, abandoned or unwanted dogs, cats and other
12 animals, including animals impounded for rabies observation. The
13 term includes any veterinary hospital or clinic operated by a
14 veterinarian or veterinarians licensed under the act of December
15 27, 1974 (P.L.995, No.326), known as the Veterinary Medicine
16 Practice Act, which operates for the above-mentioned purpose in
17 addition to its customary purposes.
18 "Quarantine." To hold any animal in segregation from the
19 general animal population because of the presence or suspected
20 presence of a contagious or infectious disease.
21 "Unfit for purchase." The presence of any disease,
22 deformity, injury, physical condition, illness or defect which
23 is congenital or hereditary and severely affects the health of
24 the animal, or which was manifestly capable of diagnosis or
25 likely to have been contracted on or before the sale and
26 delivery of the animal to the consumer. In the event of the
27 death of an animal within 14 days of its delivery to the
28 consumer, except death by accident or as a result of injuries
29 sustained during that period, it shall be presumed that the
30 animal was unfit for purchase.
19890H1850B2377 - 4 -
1 Section 103. Pet Sale Fund.
2 There is hereby established a separate account in the State
3 Treasury, to be known as the Pet Sale Fund. All moneys in this
4 fund are hereby appropriated to the bureau on a continuing basis
5 to carry out this act. All fees received by the bureau under
6 this act shall be deposited in this fund.
7 CHAPTER 3
8 MINIMUM STANDARDS
9 Section 301. Scope of chapter.
10 The minimum standards for the operation of pet shops and for
11 the sale of pets by pet dealers shall be as provided in this
12 chapter.
13 Section 302. Examination prior to sale.
14 A pet dealer shall have each animal examined by a
15 veterinarian licensed to practice in this Commonwealth prior to
16 the sale of the animal. The name and address of the examining
17 veterinarian, together with the findings made and treatment, if
18 any, ordered as a result of the examination, shall be noted on
19 each animal's history and health certificate as required.
20 Section 303. Cage labels.
21 A pet dealer shall label and identify each cage as to the
22 following:
23 (1) The sex, breed and type of animal.
24 (2) The date and place of birth of each animal.
25 (3) The name and address of the attending veterinarian
26 and the date of initial examination.
27 Section 304. Quarantine.
28 A pet dealer shall quarantine any animal diagnosed as
29 suffering from a contagious or infectious disease, illness or
30 condition until such time as a licensed Pennsylvania
19890H1850B2377 - 5 -
1 veterinarian determines that such animal is free from contagion
2 or infection. All animals requiring quarantining shall be places
3 in a quarantine area separate from the general animal
4 population.
5 Section 305. Minimum age.
6 A pet dealer shall not sell or offer for sale, trade or
7 adoption any dog that is under 12 weeks of age, nor a cat that
8 is under eight weeks of age, nor any other animal that is under
9 the minimum age recommended by the bureau.
10 Section 306. Medical treatment of pets.
11 (a) Inoculations permitted.--On the order of a veterinarian
12 licensed to practice in this Commonwealth, a pet dealer may
13 inoculate and vaccinate animals prior to purchase.
14 (b) Activities prohibited.--A pet dealer is prohibited from
15 representing, directly or indirectly, that he is qualified to
16 engage in or is engaging in, the following activities in
17 relation to the medical treatment of animals:
18 (1) Diagnosis or treatment.
19 (2) Administering or prescribing medication.
20 (3) Operating on, manipulating or applying any apparatus
21 or appliance.
22 (4) Testing for the presence of any disease.
23 (5) The giving of any inoculations or vaccinations.
24 (6) The prescribing of any diet or dietary supplement as
25 treatment for any disease or condition.
26 Section 307. Examination and waiver.
27 A pet dealer shall have any animal which has been examined
28 more than 14 days prior to purchase reexamined by a licensed
29 Pennsylvania veterinarian for the purpose of disclosing its
30 condition at the time of purchase. Such examination shall take
19890H1850B2377 - 6 -
1 place within 72 hours of delivery of the animal to the consumer
2 unless the consumer waives this right to reexamination in
3 writing. The written waiver shall be in the following forms and
4 a copy shall be given to the consumer prior to the signing of
5 any contract or agreement to purchase the animals:
6 KNOW YOUR RIGHTS
7 To ensure that healthy animals are sold in this
8 Commonwealth, Pennsylvania law requires that an animal be
9 examined by a licensed Pennsylvania veterinarian prior to
10 its sale by a pet dealer and within 72 hours of the
11 delivery of the animal to a consumer who has purchased
12 the animal where the initial examination took place more
13 than 14 days prior to the date of purchase. A pet dealer
14 need not have the animal reexamined if you, the consumer,
15 decide that you do no want such a reexamination
16 performed. If you do not want a reexamination performed,
17 please indicate your decision below.
18 WAIVER OF REEXAMINATION RIGHT
19 I understand that I have the right to have my animal
20 reexamined within 72 hours of its delivery to me. I do
21 not want to have such a reexamination performed.
22
23 Consumer's Name (print) Consumer's Signature
24
25 Date
26
27 Pet Dealer's or Agent's Pet Dealer's or Agent's
28 Name (Indicate Title or Signature
29 Position) (print)
30
19890H1850B2377 - 7 -
1 Date
2 Section 308. Unfit animals.
3 (a) Options of consumer.--If at any time within 14 days
4 following the sale and delivery of an animal by a pet dealer to
5 a consumer, a licensed veterinarian certifies such animal to be
6 unfit for purchase due to a noncongenital cause or condition or
7 within six months certifies an animal to be unfit for purchase
8 due to a congenital or hereditary cause or condition, a consumer
9 shall have the right to elect one of the following options:
10 (1) The right to return the animal and receive a refund
11 of the purchase price, including sales tax, plus
12 reimbursement of the veterinary fees incurred prior to the
13 consumer's receipt of the veterinary certification. The pet
14 dealer's liability for veterinary fees under this option
15 shall not exceed a dollar amount equal to the purchase price,
16 including sales tax, of the animal.
17 (2) The right to retain the animal and to receive
18 reimbursement for veterinary fees incurred prior to the
19 consumer's receipt of the veterinary certification, plus the
20 future cost of veterinary fees to be incurred in curing or
21 attempting to cure the animal. The pet dealer's liability
22 under this option shall not exceed a dollar amount equal to
23 the purchase price, including sales tax, of the animal.
24 (3) The right to return the animal and to receive in
25 exchange an animal of the consumer's choice, of equivalent
26 value, plus reimbursement of veterinary fees incurred prior
27 to the consumer's receipt of the veterinary certification.
28 The pet dealer's liability for veterinary fees under this
29 option shall not exceed a dollar amount equal to the purchase
30 price, including sales tax, of the animal.
19890H1850B2377 - 8 -
1 (4) In the event of the animal's death within 14 days of
2 its delivery to the consumer, except where death occurs by
3 accident or injury sustained during that period, the right to
4 receive a full refund of the purchase price, plus sales tax,
5 for the animal or, in exchange, an animal of the consumer's
6 choice of equivalent value, plus reimbursement of veterinary
7 fees incurred prior to the death of the animal. The pet
8 dealer's liability for veterinary fees under this option
9 shall not exceed a dollar amount equal to the purchase price,
10 including sales tax, of the animal.
11 (b) Receipt of certification of unfitness.--The pet dealer
12 shall accept receipt of a veterinary certification of unfitness
13 which has been delivered by the consumer within five days
14 following the consumer's receipt thereof. The certification
15 shall contain the following information:
16 (1) The name of the owner.
17 (2) The date or dates of examination.
18 (3) The breed, type, color, sex and age of the animal.
19 (4) A statement of the veterinarian's findings.
20 (5) A statement that the veterinarian certifies the
21 animal to be unfit for purchase.
22 (6) An itemized statement of veterinary fees incurred as
23 of the date of the certification.
24 (7) Where the animal is curable, the estimated fee to
25 cure the animal.
26 (8) Where the animal has died, a statement setting forth
27 the probable cause of death.
28 (9) The name and address of the certifying veterinarian
29 and the date of the certification.
30 (c) Election of consumer.--When a consumer presents a
19890H1850B2377 - 9 -
1 veterinary certification of unfitness to the pet dealer, the pet
2 dealer shall confirm the consumer's election in writing. The
3 election shall be in the following form, and a copy shall be
4 given to the consumer upon signing:
5 UNFITNESS OF ANIMAL - ELECTION OF OPTION
6 I understand that, upon delivery of my veterinarian's
7 certification of unfitness, I have the right to elect one
8 of the following options. I am aware of those options and
9 I understand each of them. I have chosen the following
10 option:
11 1. Return of my animal and receipt of a refund of
12 the purchase price, including sales tax, of the animal,
13 plus reimbursement of the veterinary fees incurred prior
14 to the date I received my veterinarian's certification of
15 unfitness. The reimbursement for veterinarian's fees
16 shall not exceed a dollar amount equal to the purchase
17 price, including sales tax, of my animal.
18 2. Retention of my animal and reimbursement for
19 the veterinary fees incurred prior to the date I received
20 my veterinarian's certification of unfitness, plus the
21 future cost to be incurred in curing or attempting to
22 cure my animal. The total reimbursement for
23 veterinarian's fees shall not exceed a dollar amount
24 equal to the purchase price, including sales tax, of my
25 animal.
26 3. Return of my animal and receipt of an animal
27 of my choice of equivalent value in exchange, plus
28 reimbursement of veterinary fees incurred prior to the
29 date I received my veterinarian's certification of
30 unfitness. The reimbursement for veterinarian's fees
19890H1850B2377 - 10 -
1 shall not exceed a dollar amount equal to the purchase
2 price, including sales tax, of my animal.
3 4. DEATH OF ANIMAL ONLY. Receipt of a full refund
4 of the purchase price, including sales tax, of the
5 animal, or, in exchange, an animal of my choice of
6 equivalent value plus reimbursement of the veterinary
7 fees incurred prior to the death of the animal. The
8 reimbursement for veterinarian's fees shall not exceed a
9 dollar amount equal to the purchase price, including
10 sales tax, of my animal.
11
12 Consumer's Name (print) Consumer's Signature
13
14 Date
15
16 Pet Dealer's or Agent's Pet Dealer's or Agent's
17 Name (Indicate Title or Signature
18 Position) (print)
19
20 Date
21 (d) Contest of election.--A pet dealer shall comply with the
22 consumer's election, as required under subsection (c), not later
23 than ten days following receipt of a veterinary certification.
24 In the event that a pet dealer wishes to contest a consumer's
25 election, he shall notify the consumer and the director, in
26 writing, within five days following the receipt of the
27 veterinarian's certification, and he may require the consumer to
28 produce the animal for examination by a veterinarian of the
29 dealer's choice at a mutually convenient time and place. The
30 director shall, upon receipt of such notice, provide a hearing
19890H1850B2377 - 11 -
1 pursuant to 2 Pa.C.S. (relating to administrative law and
2 procedure), to determine why the option elected by the consumer
3 should not be allowed.
4 (e) Disposal of unfit animals.--Animals returned to a pet
5 dealer by a consumer that have been deemed unfit for sale shall
6 be disposed of in any of the following manners:
7 (1) Given away to a person who has full knowledge of the
8 animals history and health record.
9 (2) Released to a shelter.
10 (3) Disposed of by a licensed veterinarian.
11 Section 309. Statement of consumer rights.
12 A pet dealer shall give the following written notice to a
13 consumer prior to the delivery of the animal. Such notice,
14 signed by both the pet dealer and the consumer, shall be
15 embodied in a separate document and shall state the following in
16 ten-point boldface type:
17 KNOW YOUR RIGHTS - A STATEMENT OF PENNSYLVANIA
18 LAW GOVERNING THE SALE OF ANIMALS
19 The sale of animals by pet shops is subject to a
20 regulation of the Pennsylvania Bureau of Consumer
21 Protection. In the event that a licensed veterinarian
22 certifies your animal to be unfit for purchase within 14
23 days following receipt of your animal, or within six
24 months in the case of a congenital or hereditary cause or
25 condition, you may:
26 (1) return your animal and receive a refund of
27 the purchase price, including sale tax; or
28 (2) keep your animal and attempt to cure it; or
29 (3) return your animal and receive an animal of
30 your choice of equivalent value.
19890H1850B2377 - 12 -
1 Further, in the event of your animal's death within this
2 14-day period, except where death occurs by accident or
3 as a result of injuries sustained after delivery, you may
4 choose to receive either a full refund of the purchase
5 price, plus sales tax, or an animal of your choice of
6 equivalent value. In addition, veterinary fees limited to
7 the purchase price, including sales tax, of the animal
8 must be paid by the pet dealer.
9 In order to exercise these rights, you must present to
10 the pet dealer a written veterinary certification that
11 the animal is unfit for purchase and an itemized bill of
12 all veterinary fees incurred prior to your receipt of the
13 certification. Both of these items must be presented no
14 later than five days after you have received the
15 certification of unfitness. In the event that the pet
16 dealer wishes to contest the certification of the bill,
17 he may request a hearing at the Bureau of Consumer
18 Protection. If the pet dealer does not contest the
19 matter, he must make the refund or reimbursement not
20 later than ten days after receiving the veterinary
21 certification.
22 Although your animal is required to be examined by a
23 licensed Pennsylvania veterinarian prior to sale,
24 symptoms of certain conditions may not appear until after
25 sale. If your animal appears ill, you should have it
26 examined by a licensed veterinarian of your choice at the
27 earliest possible time.
28 If the pet dealer has promised to register your animal or
29 to provide the necessary papers and fails to do so within
30 120 days following the date of sale, you are entitled to
19890H1850B2377 - 13 -
1 return the animal and receive a full refund of the
2 purchase price, plus sales tax, or to keep the animal and
3 receive a refund of 75% of the purchase price, plus sales
4 tax.
5 Section 310. Certain waivers unlawful.
6 It shall be unlawful for a pet dealer to secure or attempt to
7 secure a waiver of any of the provisions of this chapter, except
8 as specifically authorized under section 307.
9 Section 311. Animal history forms.
10 The animal history and health certificate shall be signed by
11 the pet dealer, or his agent or employee, and shall contain the
12 following information:
13 (1) The animal's breed or category, sex, age, color,
14 place and date of birth.
15 (2) The name and address of the person from whom the pet
16 dealer purchased the animal.
17 (3) The breeder's name and address and the litter
18 number, if appropriate, of the animal.
19 (4) The name and registration number of the animal's
20 sire and dam, if the animal is considered a pedigree.
21 (5) The date the pet dealer took possession of the
22 animal.
23 (6) The date the animal was shipped to the pet dealer.
24 (7) Country of origin and importer's name and address,
25 if the animal is imported from a foreign country.
26 (8) A statement of whether the animal was domestically
27 born and bred or if the animal was originally born and/or
28 raised in the wild.
29 (9) If the animal is a cat or dog, a statement of
30 whether the animal has been spayed or neutered and, if not,
19890H1850B2377 - 14 -
1 information about the appropriate minimal age for such
2 operations.
3 (10) Basic information about the care and feeding of the
4 animal in order to maintain the animal in good health, and
5 information about State and local codes, statutes and laws
6 governing the licensing and treatment of the animal
7 purchased.
8 (11) The date or dates on which the animal was examined
9 by a veterinarian licensed to practice in this Commonwealth,
10 the name and address of such veterinarian, the findings made,
11 and the treatment, if any, given to the animal.
12 (12) A statement of all vaccinations and inoculations
13 administered to the animal, including the identity and
14 quantity of the vaccine or inoculum administered, the name
15 and address of the person or licensed veterinarian
16 administering the same, and the date of administering the
17 vaccinations and inoculations.
18 (13) A ten-point boldface type warning in the following
19 form:
20 WARNING
21 The animal which you have purchased (check one) has,
22 has not been previously vaccinated or inoculated.
23 Vaccination or inoculation neither guarantees good health
24 nor assures absolute immunity against disease.
25 Examination by a veterinarian is essential at the
26 earliest possible date to enable your veterinarian to
27 insure the good health of your pet.
28 CHAPTER 5
29 LICENSING OF PET SHOP OPERATORS
30 Section 501. License required.
19890H1850B2377 - 15 -
1 No person shall operate a pet shop or a pound or animal
2 shelter, or any combination thereof, in this Commonwealth
3 without a license to do so issued by the bureau. Only one
4 license shall be required for any combination of businesses at
5 one location.
6 Section 502. Requisites for partnership or corporate licensees.
7 No license shall be issued to a partnership unless at least
8 one of the partners is licensed under this act, and no license
9 shall be issued to a corporation unless the persons authorized
10 to represent or act for it are listed with the department.
11 Section 503. Original licenses.
12 (a) Application by individuals.--Applications by individuals
13 for original licenses shall be made to the department, shall be
14 in writing, under oath, on forms prescribed by the department,
15 and shall be accompanied by the prescribed fee, which shall not
16 be returnable. The application shall require such information
17 as, in the judgment of the bureau, will enable the bureau to
18 pass on the qualifications of the applicant for a license. The
19 information required shall include, but not be limited to, the
20 following:
21 (1) Age.
22 (2) Citizenship.
23 (3) Present residence.
24 (4) Location of the business licensed under this act.
25 (5) A description of facilities to be used.
26 (6) Present and previous business connections and
27 experience.
28 (7) Bank and professional references.
29 (8) Whether any license of the applicant under this act
30 or any Federal, State, county or local law, ordinance or
19890H1850B2377 - 16 -
1 regulation relating to dealing in or handling dogs, cats or
2 other animals was ever suspended or revoked and whether the
3 applicant has ever been convicted of a felony or convicted of
4 violating 18 Pa.C.S. § 5511 (relating to cruelty to animals).
5 A felony conviction may be taken into consideration by the
6 department in determining qualifications for licensing but
7 shall not operate as a bar to license. Conviction of
8 violating 18 Pa.C.S. § 5511 shall prevent the applicant from
9 obtaining a license.
10 (b) Applications by partnerships or corporations.--
11 Applications by partnerships or corporations for original
12 licenses shall be made to the bureau, shall be in writing, under
13 oath, on forms prescribed by the bureau, and shall be
14 accompanied by the prescribed fee, which shall not be
15 returnable. Any such application shall list, but need not be
16 limited to, the following:
17 (1) The name and residence of each partner, if the
18 applicant is a partnership.
19 (2) The name and residence of each director and officer,
20 if the applicant is a corporation.
21 (3) The address of the applicant.
22 (4) The financial resources of the applicant.
23 (5) The names and residences of partners, directors or
24 officers, as the case may be, or other persons authorized to
25 represent or act for the partnership or corporation under
26 this act.
27 Section 504. Renewal licenses.
28 Applications for renewal licenses shall be made to the
29 bureau, shall be in writing, under oath and on forms prescribed
30 by the bureau to determine if the applicant is qualified to
19890H1850B2377 - 17 -
1 continue to hold a license, and shall be accompanied by the
2 prescribed fee, which shall not be returnable.
3 Section 505. Nonresident applicants.
4 Each nonresident applicant for an original license, except a
5 foreign corporation, shall file with the bureau an irrevocable
6 consent that actions against the applicant may be filed in a
7 court of common pleas of this Commonwealth in which the
8 plaintiff resides or in which some part of the transaction
9 occurred out of which the alleged cause of action arose, and
10 that process in any action may be served on the applicant by
11 leaving two copies thereof with the secretary. Such consent
12 shall stipulate and agree that such service of process shall be
13 taken and held to be valid and binding for all purposes. The
14 secretary shall promptly send one copy of such process to the
15 applicant by registered mail at the address shown on the records
16 of the bureau. No foreign corporation shall receive a license
17 under this act until it has been duly authorized to do business
18 in this Commonwealth by the Secretary of the Commonwealth.
19 Section 506. Licenses.
20 (a) Term and renewal.--Each license shall be issued for the
21 term of one fiscal year of the Commonwealth or for such part of
22 the fiscal year as remains at the time of the issuance of the
23 license. Each license shall be renewed during the month of June
24 of each year. Each license not renewed during June of each year
25 shall expire on June 30 of that year. Failure to apply for
26 license renewal before July 1 of each year forfeits the right of
27 renewal. When such right has been forfeited, the licensee shall
28 procure a new license as provided in this act.
29 (b) Display.--A license must be prominently displayed at
30 each place of business of the licensee. Where the licensee
19890H1850B2377 - 18 -
1 conducts business at more than one address, branch office
2 licenses shall be issued on payment of the required fee.
3 (c) Form.--Each license shall be signed by the director and
4 shall be issued under the seal of the bureau.
5 (d) Termination of business.--In the event that the licensee
6 decides, for any reason whatsoever, to cease operating the
7 business, he shall notify the department at least 14 days in
8 advance of such cessation. In such an event, the licensee shall
9 make timely arrangements to transfer the animals to other
10 facilities or owners so that their care and treatment is
11 maintained without disruption.
12 Section 507. Refusal, suspension or revocation of license.
13 The bureau may refuse to issue or renew or may suspend or
14 revoke a license for any one or more of the following reasons:
15 (1) Material misstatement in the application for
16 original license or in the application for any renewal
17 license under this act.
18 (2) Willful disregard or violation of this act or of any
19 rule or regulation issued pursuant to this act.
20 (3) Willfully aiding or abetting another in the
21 violation of this act or of any rule or regulation issued
22 pursuant to this act.
23 (4) Allowing a license issued under this act to be used
24 by an unlicensed person.
25 (5) Conviction of any crime of which an essential
26 element is misstatement, fraud or dishonesty; conviction of
27 any felony; or conviction under 18 Pa.C.S. § 5511 (relating
28 to cruelty to animals).
29 (6) Conviction of a violation of any law of this
30 Commonwealth, except minor violations such as traffic
19890H1850B2377 - 19 -
1 violations and violations not related to the disposition of
2 dogs, cats and other animals, or violation of any rule or
3 regulation of the bureau relating to dogs, cats or other
4 animals and the sale or purchase thereof.
5 (7) Making substantial misrepresentations or false
6 promises of a character likely to influence, persuade or
7 induce in connection with the business of a licensee under
8 this act.
9 (8) Pursuing a continued course of misrepresentation or
10 making false promises through advertising, salespersons,
11 agents or otherwise in connection with the business of a
12 licensee under this act.
13 (9) Failure to possess the necessary qualifications or
14 to meet the requirements of this act for the issuance or
15 holding of a license.
16 Section 508. Investigations and hearings.
17 (a) Authorization.--The bureau may, upon its own motion, and
18 shall, upon the verified complaint, in writing, of any person
19 who has been the recipient of an animal through purchase, gift
20 or adoption, setting forth facts which, if proved, would
21 constitute grounds for refusal to issue or renew or for
22 suspension or revocation of a license under this act,
23 investigate the actions of any applicant or any person or
24 persons holding or claiming to hold a license.
25 (b) Subpoenas.--The bureau, over the signature of the
26 secretary, is authorized to subpoena and bring before the bureau
27 any person or persons in this Commonwealth and to take
28 testimony, either orally or by deposition or by exhibit, with
29 the same fees and mileage and in the same manner as prescribed
30 by law in judicial procedure in civil cases in courts of common
19890H1850B2377 - 20 -
1 pleas of this Commonwealth.
2 (c) Oaths.--Any authorized agent of the bureau may
3 administer oaths to witnesses at any hearing which the bureau is
4 authorized by law to conduct.
5 (d) Procedure.--All actions of the bureau and the secretary
6 shall be taken subject to the right of notice, hearing,
7 adjudication and appeal therefrom in accordance with 2 Pa.C.S.
8 (relating to administrative law and procedure).
9 Section 509. Surrender of license upon revocation or
10 suspension.
11 Upon the revocation or suspension of any license, the
12 licensee shall promptly surrender the license and any branch
13 office licenses to the bureau, and, if the licensee fails to do
14 so, the bureau shall have the right to seize the license or
15 licenses.
16 Section 510. Sanitary and health conditions.
17 The licensee shall:
18 (1) Maintain sanitary conditions.
19 (2) Insure proper ventilation.
20 (3) Provide adequate nutrition for each animal.
21 (4) Provide humane care and treatment of all animals
22 under his jurisdiction.
23 (5) Provide adequate space for each animal so that it
24 may move about freely.
25 (6) If the licensee is a pet dealer, provide for a
26 licensed veterinarian on staff or on call to ensure that
27 animals for sale, trade or adoption are free of disease and
28 can be treated promptly in the event of illness or injury.
29 (7) Take reasonable care to release for sale, trade or
30 adoption only those animals which are free of disease,
19890H1850B2377 - 21 -
1 injuries or abnormalities.
2 Section 511. Duties of secretary.
3 The secretary shall issue rules and regulations, consistent
4 with the provisions of this act, for the administration and
5 enforcement of this act, and shall prescribe forms, other than
6 those contained in this act, and fees which shall be used in
7 connection therewith.
8 CHAPTER 7
9 ENFORCEMENT
10 Section 701. Deceptive practices.
11 The following acts, practices or omissions shall constitute
12 deceptive practices in the conduct of the business of a pet
13 dealer:
14 (1) Selling an animal within this Commonwealth without
15 an animal history and health certificate and without
16 providing the consumer with a completed animal history and
17 health certificate.
18 (2) Failing to maintain a copy of the animal history and
19 health certificate signed by the consumer for a period of one
20 year following the date of sale and/or failing to permit
21 inspection thereof by any authorized representative of the
22 bureau upon two days' notice (exclusive of Saturday and
23 Sunday).
24 (3) Including in the animal history and health
25 certificate any false or misleading statement.
26 (4) Directly or indirectly referring, promoting,
27 suggesting, recommending or advising that a consumer consult
28 with, use, seek or obtain the services of a licensed
29 veterinarian unless the consumer is provided with the names
30 of not less than three licensed veterinarians, only one of
19890H1850B2377 - 22 -
1 whom may be the veterinarian retained by the pet dealer for
2 its purposes.
3 (5) Describing or promoting the operation of the
4 business as a "kennel," unless the business operation falls
5 within the definition contained in this act. In the absence
6 of meeting such criteria, a pet dealer shall be considered to
7 be engaged in the operation of a pet shop and shall, where
8 the name for the business operation includes the word
9 "kennel," indicate the following disclaimer in proximate
10 location to the name for the business operation in all
11 promotional or advertising activities:
12 "This business engages only in the operation of a pet shop."
13 (6) Using or employing a name for the business operation
14 which suggests or implies that such business operation is
15 engaged in or is associated with any organization which
16 registers or certifies the pedigree or lineage of animals
17 and/or to represent, expressly or by implication, approval by
18 or affiliation with such organization, unless either of the
19 following disclaimers, as appropriate, appears in proximate
20 location to the name for the business operation:
21 "This business only engages in the operation of a pet shop."
22 "This business only engages in the operation of a kennel."
23 (7) Stating, promising or representing, directly or
24 indirectly, that an animal is registered or capable of being
25 registered with an animal pedigree registry organization,
26 followed by the failure either to effect such registration or
27 provide the consumer with the documents necessary therefor
28 120 days following the date of sale of such animal. In the
29 event that a pet dealer fails to effect registration or to
30 provide the necessary documents within 120 days following the
19890H1850B2377 - 23 -
1 date of sale, the consumer shall, upon written notice to the
2 pet dealer, be entitled to choose one of the following
3 options:
4 (i) To return the animal and to receive a refund of
5 the purchase price plus sales tax.
6 (ii) To retain the animal and to receive a partial
7 refund of 75% of the purchase price plus sales tax.
8 A pet dealer's failure to comply with the consumer's election
9 pursuant to this paragraph within ten days of written notice
10 thereof shall be deemed a separate deceptive practice for
11 purposes of this section.
12 (8) Failing to display conspicuously on the business
13 premises a sign not smaller than 22 inches by 18 inches which
14 clearly states to the public, in letters not less than one inch
15 high, the following:
16 KNOW YOUR RIGHTS
17 The sale of animals is subject to a regulation of the
18 Pennsylvania Bureau of Consumer Protection. Read your
19 animal history and health certificate, the Statement of
20 Pennsylvania Law Governing the Sale of Animals and your
21 contract. In the event of a complaint, you may contact
22 the Bureau of Consumer Protection, Harrisburg,
23 Pennsylvania, telephone (717) 787-7109 or toll-free 1-
24 800-441-2555.
25 Section 702. Certain waiver prohibited.
26 It shall be a deceptive practice within the meaning of this
27 section for a pet dealer to secure or attempt to secure a waiver
28 of any of the provisions contained in section 701.
29 Section 703. Penalty.
30 A violation of this act, or of any rule, regulation or order
19890H1850B2377 - 24 -
1 of the bureau issued hereunder, constitutes a summary offense
2 punishable by a fine not to exceed $500.
3 Section 704. Confiscation of animals.
4 Where violation of this act constitutes an immediate threat
5 to the welfare of animals, the bureau shall order the immediate
6 confiscation of such animals and the equipment and provisions
7 necessary to transport, house and feed them. The licensee shall
8 be held responsible for any and all costs incurred by the
9 bureau, or its agents or authorized representatives, for this
10 service.
11 CHAPTER 11
12 MISCELLANEOUS PROVISIONS
13 Section 1101. Repeals.
14 All acts and parts of acts are repealed insofar as they are
15 inconsistent with this act.
16 Section 1102. Effective date.
17 This act shall take effect in 60 days.
F29L03DGS/19890H1850B2377 - 25 -